As reported by the Assembly Appropriations Committee
on September 24, 2012, with amendments.

An Act
concerning emergency medical services, supplementing Title 26 of the Revised
Statutes and revising various parts of the statutory law.

Be It Enactedby the Senate and General Assembly of the State of New
Jersey:

1. Section 1 of P.L.1984,
c.146 (C.26:2K-7) is amended to read as follows:

1. As used in [this act]chapter 2K of Title 26 of
the Revised Statutes:

[a.] "Advanced life
support" means an advanced level of [pre-hospital,
inter-hospital, and emergency service]
care which includes basic life support functions, cardiac monitoring, cardiac
defibrillation, telemetered electrocardiography, administration of
anti-arrhythmic agents, intravenous therapy, administration of specific medications,
drugs and solutions, use of adjunctive ventilation devices, trauma care,
and other techniques and procedures authorized in writing by the commissioner[;].

“Agency” means an
organization that is licensed or otherwise authorized by the department to
operate a pre-hospital or inter-facility care ambulance service.

“Basic life support” means
a basic level of pre-hospital care or inter-facility care which includes
patient stabilization, airway clearance, cardiopulmonary resuscitation,
hemorrhage control, initial wound care, fracture stabilization, and other
techniques and procedures authorized in writing by the commissioner.

[b.] "Board of Medical
Examiners" means the State Board of Medical Examiners[;].

[c.] "Board of Nursing"
means the New Jersey State Board of Nursing[;].

“Clinician” means a person
who is licensed or otherwise authorized to provide patient care in a
pre-hospital care or inter-facility care setting.

[f.] "Emergency [service]department"
means a program in a general hospital staffed 24 hours a day by a
licensed physician trained in emergency medicine[;] and as prescribed by
regulation of the commissioner.

“EMCAB” means the Emergency
Medical Care Advisory Board established pursuant to section 13 of P.L. ,
c. (C. ) (pending before the Legislature as this bill).

“Emergency medical
responder” means a person trained to provide emergency medical first response
services in a program recognized by the commissioner and licensed or otherwise
authorized by the department to provide those services.

"Emergency medical
services personnel" means persons trained and licensed or otherwise
authorized to provide emergency medical care, whether on a paid or volunteer
basis, as part of a basic life support or advanced life support pre-hospital
care service or in an emergency department in a general hospital.

“Emergency medical
technician” or “EMT” means a person trained to provide basic life
support services in a program recognized by the commissioner and licensed or
otherwise authorized by the department to provide those services.

“EMSC Advisory Council”
means the Emergency Medical Services for Children Advisory Council established
pursuant to section 5 of P.L.1992, c.96 (C.26:2K-52).

“EMSC coordinator” means
the person coordinating the EMSC program within the Office of Emergency Medical
Services in the department.

“EMSC program” means the
Emergency Medical Services for Children program established pursuant to section
3 of P.L.1992, c.96 (C.26:2K-50), and other relevant programmatic activities
conducted by the Office of Emergency Medical Services in the department in
support of appropriate treatment, transport, and triage of ill or injured
children in New Jersey.

[g. "Inter-hospital
care" means those emergency medical services rendered by mobile intensive
care units to emergency patients before and during transportation between
emergency treatment facilities, and upon arrival within those facilities;]

“Inter-facility care” means
those medical services rendered to patients by emergency medical services
personnel before and during transportation between medical facilities, and upon
arrival at those facilities.

[h.
"Mobile intensive care paramedic" means a person trained in advanced
life support services and certified by the commissioner to render advanced life
support services as part of a mobile intensive care unit;]

[i.] "Mobile intensive care
unit" means a specialized emergency medical service vehicle that is
operating under a mobile intensive care program pursuant to section 6 of
P.L.1984, c.146 (C.26:2K-12) and is staffed by [mobile intensive care] paramedics or registered professional nurses [trained in advanced life
support nursing and operated for the provision of advanced life support
services] recognized
as mobile intensive care nurses, or other personnel authorized by the
commissioner, under the medical direction of an authorized hospital[;].

“9-1-1 call” means a 9-1-1
telephone call for emergency medical services in which the caller dials 9-1-1,
or a method adopted in the future to initiate the response of emergency medical
services for a medical reason through a public safety answering point as
defined in section 1 of P.L.1989, c.3 (C.52:17C-1).

“Paramedic” means a person
licensed or otherwise authorized by the commissioner as a paramedic pursuant to
regulation of the commissioner.

[j.] "Pre-hospital
care" means those [emergency
medical services rendered by mobile intensive care units to emergency]medical services rendered
to patients by emergency medical services personnel before and during
transportation to [emergency
treatment]medical
facilities, and upon arrival within those facilities.

"Regional trauma
center" means a State designated level one hospital-based trauma center
equipped and staffed to provide emergency medical services to an accident or
trauma victim.

“Volunteer first aid,
ambulance or rescue squad” means a volunteer first aid, ambulance or rescue
squad as defined in section 3 of P.L.1987, c.284 (C.27:5F-20).

(cf: P.L.1984, c.146, s.1)

2. Section 2 of P.L.1984,
c.146 (C.26:2K-8) is amended to read as follows:

2. a. (1) A [mobile intensive care] paramedic shall obtain [certification]licensure from the
commissioner to staff a mobile intensive care unit or a health care facility
and shall make application therefor on forms prescribed by the commissioner.

(2) An EMT
shall obtain licensure from the commissioner to staff a licensed ambulance or a
health care facility and shall make application therefor on forms prescribed by
the commissioner.

(3) An emergency medical
responder shall obtain licensure from the commissioner to respond to 9-1-1 calls and shall make application therefor on forms prescribed by the
commissioner.

b. The commissioner [with the approval of the
board of medical examiners]
shall establish written standards which [a
mobile intensive care paramedic]an applicant shall meet in order to obtain [certification]licensure as a paramedic, EMT, or emergency medical responder. The
commissioner shall act on a regular basis upon applications of candidates for [certification]licensure as a [mobile intensive care] paramedic, EMT, or
emergency medical responder. The commissioner shall [certify]license a candidate
who provides satisfactory evidence of the successful completion of an
educational program approved by the commissioner for the training of [mobile intensive care] paramedics, EMTs, or
emergency medical responders, as applicable, and who passes an examination [in the provision of advance
life support services]approved
by the department for the applicable licensure, which examination shall be
conducted by the department at least twice a year.

c. The department shall
maintain a register of all applicants for [certification]licensure hereunder,
which register shall include but not be limited to:

(1) The name and residence
of the applicant;

(2) The date of the
application;

(3) Information as to
whether the applicant was rejected or [certified]licensed and the date
of that action.

d. An EMT who is a
member of a volunteer first aid, ambulance or rescue squad shall not be
required to pay a fee or assume any other cost for licensure from the
commissioner pursuant to this section.

e.The department
shall [annually compile
a]maintain a current
list of [mobile
intensive care]
paramedics and EMTs. This list shall be available to the public on
the Internet website of the department.

(cf: P.L.1984, c.146, s.2)

3. Section 3 of P.L.1984,
c.146 (C.26:2K-9) is amended to read as follows:

3. The commissioner,
after notice and hearing, may revoke the [certification]license of a [mobile intensive care] paramedic, EMT,
or emergency medical responder for violation of any provision of [this act]P.L.1984, c.146
(C.26:2K-7 et seq.) or regulation promulgated hereunder.

(cf: P.L.1984, c.146, s.3)

4. Section 4 of P.L.1984,
c.146 (C.26:2K-10) is amended to read as follows:

a. maintains direct
voice communication with and [are]is taking orders from
a licensed physician or physician directed registered professional nurse, both
of whom are affiliated with a mobile intensive care [hospital which is approved by the commissioner
to provide advanced life support services. A telemetered electrocardiogram
shall be monitored when deemed appropriate by the licensed physician or when
required by written rules and regulations established by the mobile intensive
care hospital and approved by the commissioner]program operating pursuant to section 6 of P.L.1984, c.146 (C.26:2K-12); or

b. is operating under
standing orders from a licensed physician that have been developed or approved
by a mobile intensive care program.

(cf: P.L.1984, c.146, s.4)

5. Section 6 of P.L.1984,
c.146 (C.26:2K-12) is amended to read as follows:

6. a. Only a hospital [authorized by the
commissioner with an accredited emergency service may develop and maintain a
mobile intensive care unit, and provide advanced life support services
utilizing licensed physicians, registered professional nurses trained in
advanced life support nursing, and mobile intensive care paramedics] licensed by the
department to operate a mobile intensive care program may develop or maintain
such a program. At a minimum, the hospital shall be required to maintain an
emergency department.

b. A hospital authorized by
the commissioner pursuant to subsection a. of this section shall provide mobile
intensive care unit services on a seven-day-a-week basis.

c. The commissioner shall
establish, [in writing]by regulation,
criteria which a hospital shall meet in order to [qualify
for the authorization]obtain
licensure to operate a mobile intensive care program, and shall prescribe, in
those regulations, standards and responsibilities for the position of medical
director for the program. A hospital operating a mobile intensive care program
prior to, or on the effective date of, P.L. , c. (pending before the
Legislature as this bill), shall be required to meet any new requirements for
such licensure as may be established by the commissioner by the date that the
hospital is required to apply for renewal of its license to operate a mobile
intensive care program.

d. The commissioner [may withdraw his
authorization]shall
provide by regulation for enforcement of the provisions of chapter 2K of Title
26 of the Revised Statutes, up to and including revocation of licensure to
operate a mobile intensive care program if the hospital or unit violates
any provision [of this
act]thereof or
rules or regulations promulgated pursuant thereto.

(cf: P.L.1985, c.351, s.2)

6. (New section) a. The
commissioner shall not issue an initial license or other authorization to
practice as a clinician unless the commissioner first determines that no
criminal history record information exists on file in the Federal Bureau of
Investigation, Identification Division, or in the State Bureau of
Identification in the Division of State Police, which may disqualify the
applicant from being licensed or otherwise authorized to practice as a
clinician as determined by regulation of the commissioner.

b. (1) The commissioner
shall not renew a license or other authorization to practice as a clinician
unless the commissioner first determines that no criminal history record
information exists on file in the Federal Bureau of Investigation,
Identification Division, or in the State Bureau of Identification in the
Division of State Police, which may provide grounds for the refusal to renew
the license or other authorization to practice as a clinician.

(2) The commissioner shall
revoke a license or other authorization to practice as a clinician if the
commissioner determines that criminal history record information exists on file
in the Federal Bureau of Investigation, Identification Division, or in the
State Bureau of Identification in the Division of State Police, which may
provide grounds for the refusal to renew the license or other authorization to
practice as a clinician.

c. The commissioner shall
establish, by regulation, a schedule of dates by which the requirements of this
section shall be implemented no later than four years after the effective date
of P.L. , c. (pending before the
Legislature as this bill).

d. The commissioner may, in
an emergent circumstance as determined by the commissioner, temporarily waive
the requirement for a person to undergo a criminal history record background
check as a condition of new or renewed licensure or other authorization to practice
as a clinician.

e. An applicant or
licensee who is required to undergo a criminal history record background check
pursuant to this section shall submit to the commissioner that individual's
name, address, and fingerprints taken on standard fingerprint cards, or through
any equivalent means, by a State or municipal law enforcement agency or by a
private entity under contract with the State. The commissioner is authorized
to exchange fingerprint data with and receive criminal history record information
from the Federal Bureau of Investigation and the Division of State Police for
use in making the determinations required pursuant to this section.

f. Upon receipt of the
criminal history record information for an applicant or licensee from the
Federal Bureau of Investigation or the Division of State Police, the
commissioner shall immediately notify the applicant or licensee, as applicable.

g. If an applicant refuses
to consent to, or cooperate in, the securing of a criminal history record
background check, the commissioner shall not issue a clinician license and
shall notify the applicant of that denial.

h. If a licensee refuses
to consent to, or cooperate in, the securing of a criminal history record
background check as required during the licensure or other authorization
renewal process, the commissioner shall refuse to renew the license or other
authorization of the licensee, without a hearing, and shall notify the licensee
of that denial.

i. A licensee:

(1) who has permitted a
license or other authorization to lapse, or whose license, other authorization
or privilege has been suspended, revoked, or otherwise, and

(2) who has not already
submitted to a criminal history record background check, shall be required to
submit fingerprints as part of the licensure or other authorization
reinstatement process. If a reinstatement applicant refuses to consent to, or
cooperate in, the securing of a criminal history record background check as
required during the reinstatement process, the commissioner shall automatically
deny reinstatement of the license or other authorization, without a hearing,
and shall notify the licensee of that denial.

j. An applicant for
licensure or other authorization to practice as a clinician shall be required
to assume the cost of the criminal history record background check conducted
pursuant to this section, in accordance with procedures determined by
regulation of the commissioner, except that a member of a volunteer first aid,
ambulance, or rescue squad shall not be required to assume this cost.

k. The provisions of this
section shall not apply to a health care professional who is subject to a
criminal history record background check pursuant to P.L.2002, c.104 (C.45:1-28
et al.)

7. Section 14 of P.L.1997,
c.100 (C.53:1-20.9a) is amended to read as follows:

14. a. In accordance with
the provisions of sections 2 through 6 and sections 7 through 13 of P.L.1997,
c.100 (C.26:2H-83 through 87 and C.45:11-24.3 through 24.9) [and], P.L.2002, c.104 (C.45:1-28 et al.),
and section 6 of P.L. , c. (C. ) (pending before the Legislature as
this bill), the Division of State Police in the Department of Law and
Public Safety shall conduct a criminal history record background check,
including a name and fingerprint identification check, of:

(1) each applicant for nurse
aide or personal care assistant certification submitted to the Department of
Health 2[and Senior Services]2 and of each
applicant for homemaker-home health aide certification submitted to the New
Jersey Board of Nursing in the Division of Consumer Affairs;

(2) each nurse aide or
personal care assistant certified by the Department of Health 2[and Senior Services]2 and each
homemaker-home health aide certified by the New Jersey Board of Nursing, as
required pursuant to P.L.1997, c.100 (C.26:2H-83 et al.); [and]

(3) each applicant for
licensure or other authorization to engage in a health care profession who is
required to undergo a criminal history record background check pursuant to
P.L.2002, c.104 (C.45:1-28 et al.); and

(4) each applicant for
clinician licensure who is required to undergo a criminal history record
background check pursuant to section 6 of P.L. , c. (C. ) (pending
before the Legislature as this bill).

b. For the purpose of
conducting a criminal history record background check pursuant to subsection a.
of this section, the Division of State Police shall examine its own files and
arrange for a similar examination by federal authorities. The division shall
immediately forward the information obtained as a result of conducting the
check to: the Commissioner of Health 2[and Senior Services]2 , in the
case of an applicant for nurse aide or personal care assistant certification [or], a certified nurse aide or personal care
assistant, or an applicant for clinician licensure pursuant to chapter 2K of
Title 26 of the Revised Statutes; the New Jersey Board of Nursing in the
Division of Consumer Affairs in the Department of Law and Public Safety, in the
case of an applicant for homemaker-home health aide certification or a
certified homemaker-home health aide; and the Director of the Division of
Consumer Affairs in the Department of Law and Public Safety, in the case of an
applicant for licensure or other authorization to practice as a health care professional
as defined in section 1 of P.L.2002, c.104 (C.45:1-28).

(cf: P.L.2002, c.104, s.5)

8. (New section) a. Only
an agency as defined in section 1 of P.L.1984, c.146 (C.26:2K-7) may develop or
maintain a pre-hospital or inter-facility care ambulance service.

b. The commissioner shall
establish, by regulation, criteria which an agency shall meet in order to
obtain licensure to operate a pre-hospital or inter-facility care ambulance
service, and shall prescribe in those regulations standards and responsibilities
for the position of agency medical director. An agency operating a pre-hospital
or inter-facility care ambulance service prior to or on the effective date of
P.L. , c. (pending before the Legislature as this bill) shall be required
to meet any new requirements for such licensure as may be established by the
commissioner by the date that the agency is required to apply for renewal of
its license to operate the ambulance service.

c. The commissioner shall
provide by regulation for enforcement of the provisions of this section, up to
and including revocation of licensure to operate a pre-hospital or
inter-facility care ambulance service if the agency violates any provision
thereof or rules or regulations promulgated pursuant thereto.

9. Section 7 of P.L.1984,
c.146 (C.26:2K-13) is amended to read as follows:

7. a. No person may
advertise or disseminate information to the public that the person provides:

(1) advanced life
support services by a mobile intensive care unit unless the person is
authorized to do so pursuant to section 6 of [this
act]P.L.1984, c.146
(C.26:2K-12); or

(2) basic life support
services by an ambulance unless the person is authorized to do so pursuant to
section 8 of P.L. , c. (C. )
(pending before the Legislature as this bill).

b. No person may
impersonate or refer to himself as a [mobile
intensive care]
paramedic, EMT, or emergency medical responder unless [he is certified or approved
therefor, as appropriate]that person is licensed as such.

(cf: P.L.1984, c.146, s.7)

10. Section 8 of P.L.1984,
c.146 (C.26:2K-14) is amended to read as follows:

8. No [mobile intensive care] paramedic, EMT,
emergency medical responder, other clinician, licensed physician, nurse,
mobile intensive care program, hospital or its board of trustees, officers
and members of the medical staff, [nurses
or other employees of the hospital, first aid, ambulance or rescue squad, or
officers and members of a rescue squad]or agency or officers, members, or employees thereof, shall be liable
for any civil damages as the result of an act or the omission of an act
committed while in training for or in the rendering of basic or advanced
life support services in good faith and in accordance with [this act] chapter 2K of Title 26 of
the Revised Statutes.

(cf: P.L.1984, c.146, s.8)

11. (New section) Under the
direction of the commissioner, the Office of Emergency Medical Services in the
department shall serve as the lead State agency for the oversight of emergency
medical services delivery in the State, including both direct services and
support services and funding therefor, and shall have as its basic purpose to
ensure the continuous and timely Statewide availability and dispatch of basic
life support and advanced life support to all persons in this State, through
ground and air, adult and pediatric triage, treatment and transport, emergency
response capability. The office shall exercise this responsibility in
furtherance of the public policy of this State to ensure, to the maximum extent
practicable, that quality medical care is available to persons residing in or
visiting this State at all times.

12. (New section) The
commissioner shall appoint a State Medical Director for Emergency Medical
Services, who shall assume responsibility for medical oversight of emergency
medical services delivery in the State. The State medical director shall be a
physician who is licensed in this State, has experience in the medical
oversight of emergency medical services delivery, and is qualified to perform
the duties of the position. The State medical director, subject to the
commissioner’s approval, may appoint up to three regional medical directors to
provide medical oversight of emergency medical services delivery in their
respective geographic areas as defined by the State medical director.

13. (New section) a. (1) The
commissioner shall establish a State Emergency Medical Care Advisory Board, or
EMCAB, which shall advise the commissioner on all matters of mobile intensive
care services, basic life support services, advanced life support services, and
pre-hospital and inter-facility care, and shall focus on: improving quality of
care; making patient-centered decisions; and using technology to improve
efficiency and the standard of care.

(2) EMCAB shall recommend
standards to be adopted by the commissioner on response time, crew complements,
equipment, minimum clinical proficiencies, benchmarking, processes, trending of
quality and performance data, and the use of electronic data to support all
goals.

b. EMCAB shall organize as
soon as practicable following the appointment of its members and shall hold its
initial meeting no later than the 90th day after the effective date of P.L. , c. (pending before
the Legislature as this bill).

c. (1) The membership of
EMCAB shall include 16 members, as follows:

(a) the commissioner, the
Director of the Office of Emergency Medical Services in the department, and the
State Medical Director for Emergency Medical Services, or their designees, as
ex officio, nonvoting members; 1and1

(b) 1[the President of the New
Jersey State First Aid Council as an ex officio member, or his proxy; and

(c) 12]131 public members,
who shall initially be appointed by the commissioner and thereafter shall be
appointed in a manner to be specified by regulation of the commissioner,
including one representative from each of the following: 1volunteer basic
life support services providers;1
paid basic life support services providers; emergency medical service
helicopter response units; mobile intensive care programs; emergency
physicians; general hospitals; emergency care nurses; municipal government;
emergency telecommunications services; county offices of emergency management;
trauma services or burn treatment providers; the EMSC program; and a member of
the general public who is not involved with the provision of health care or
emergency medical services.

(2) Each public member of
EMCAB shall serve for a term of three years and may be reappointed to one or
more subsequent terms; except that of the members first appointed, five shall
serve for a term of three years, five for a term of two years, and 1[two]three1 for a term of one
year. Vacancies in the membership of EMCAB shall be filled in the same manner
provided for the original appointments.

(3) The members of EMCAB
shall serve without compensation, but shall be reimbursed for necessary
expenses incurred in the performance of their duties and within the limits of
funds available to EMCAB.

d. The members of EMCAB
shall select a chairman biennially to chair the meetings and coordinate the
activities of EMCAB.

e. EMCAB shall establish
standing committees, as well as any additional committees that it determines
appropriate, which in each case shall include the number of members, utilize
the criteria for appointment, and provide for the manner of appointment and
term of service prescribed by regulation of the commissioner. The standing
committees shall research, review, assess, and recommend policy, and analyze
data as applicable, as specified by the commissioner. The standing committees
shall include the following:

(1) Medical Services
Committee;

(2) Pre-hospital Care
Systems Operations Committee;

(3) Inter-facility Care
Systems Operations Committee;

(4) Funding and Finance
Committee;

(5) Public Awareness and
Prevention Committee;

(6) Clinical Education
Committee;

(7) Research and Data and
Performance Improvement Committee;

(8) Specialty Care
Committee; and

(9) Local Government
Coordination Committee.

f. Each committee shall
address how its specific purpose can add to the discussion on the establishment
of standards pursuant to paragraph (2) of subsection a. of this section.

g. (1) EMCAB shall, no
later than the 120th day after its initial meeting, submit written
recommendations to the commissioner for new or revised regulations to be
adopted by the commissioner pursuant to P.L. , c. (pending before the
Legislature as this bill), which shall be designed to improve emergency medical
services in this State consistent with standards adopted by the National
Highway Traffic Safety Administration.

(2) EMCAB shall provide
ongoing review of existing regulations governing emergency medical services,
and shall recommend to the commissioner such revisions as EMCAB determines are
needed to achieve the goals of evidence-based medical care and protecting the
public health.

(3) EMCAB shall submit an
annual report to the commissioner on the state of pre-hospital and
inter-facility care in New Jersey, including evaluations and recommendations
from each of its standing committees.

h. All meetings of EMCAB
and its committees shall be open to the public. Prior public notice shall be
provided for each meeting, and input and discussion by members of the public
shall be encouraged at all such meetings.

i. The department shall
provide staff support to EMCAB and its committees.

(1) the collection of data
that each agency providing pre-hospital or inter-facility care is to obtain for
each patient encounter;

(2) the creation and use of
a patient care report by the agency to provide this data in electronic form to
the receiving facility in a timely manner; and

(3) the electronic reporting
of this data to the department.

b. (1) The department shall
develop and maintain an electronic record of the patient data reported pursuant
to subsection a. of this section and shall make such non-identifying patient
data available for research purposes, in accordance with guidelines to be
established by the commissioner and subject to the requirements and
restrictions of State and federal law and regulations.

(2) An agency shall not be
required to utilize a prescribed form for reporting the data, provided that its
reports include all data specified by regulation of the commissioner.

15. (New section) a. (1) The
commissioner shall ensure or arrange for the provision of advanced life support
pre-hospital care in response to 9-1-1 calls within the State.

(2) The commissioner, in
consultation with EMCAB, shall establish minimum standards for training,
response times, equipment, and quality of care with respect to basic life
support pre-hospital care and advanced life support pre-hospital care.

b. (1) The commissioner
shall establish, by regulation, minimum standards for licensing any clinician
or agency as an emergency medical services provider before that clinician or
agency is permitted to respond to 9-1-1 calls in this State.

(2) Any agency licensed to
provide 9-1-1 emergency medical services response in New Jersey shall be
required to maintain a written agreement with a dispatch agency approved by the
commissioner. The commissioner shall establish objective standards to approve
and monitor dispatch agencies; and these standards shall be designed to improve
response times and appropriate triage of resources to respond to calls for
emergency medical services1[, and shall include
requirements for global positioning tracking of emergency medical services
vehicles through a standard electronic interface accessible to all dispatch and
responder agencies, in order to enhance agency interoperability]1. Any
licensed emergency medical services provider shall be permitted to contract
with any approved dispatch agency.

(3) The commissioner shall
provide for the coordination of dispatch agencies in accordance with protocols
established by the department.

c. The commissioner shall,
no later than December 31 of each year, present a report to the Governor, and
to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on
the adequacy of emergency medical services provided pursuant to this section,
and shall identify in that report the funding needed for the succeeding fiscal
year in order to adequately fund the needed infrastructure and research to
encourage the continued improvement of those emergency medical services.

16. Section 11 of P.L.1984,
c.146 (C26:2K-17) is amended to read as follows:

11. a. The
commissioner shall promulgate such rules and regulations, in accordance
with the "Administrative Procedure Act," P.L.1968, c. 410 (C.
52:14B-1 et seq.), as [he]the commissioner
deems necessary to effectuate the purposes of [this
act, and the board medical examiners and the board of nursing]chapter 2K of Title 26 of
the Revised Statutes, with the advice of EMCAB in the form of such written
recommendations as EMCAB may submit to the commissioner for his consideration.

b. The State Board of
Medical Examiners and the New Jersey Board of Nursing shall promulgate such
rules and regulations as they deem necessary to carry out their functions under
[this act]chapter 2K of Title 26 of
the Revised Statutes.

(cf: P.L.1984, c.146, s.11)

17. Section 13 of P.L.1984,
c.146 (C26:2K-19) is amended to read as follows:

13. Nothing in this act shall
be construed as interfering with an emergency service training program
authorized and operated under provisions of the "New Jersey Highway [Safety Act of 1971,"
P.L.1971, c. 351 (C. 27:5F-1 et seq.)]Traffic Safety Act of 1987,” P.L.1987, c.284 (C.27:5F-18 et seq.).

(cf: P.L.1984, c.146, s.13)

18. Section 14 of P.L.1984,
c.146 (C.26:2K-20) is amended to read as follows:

14. Nothing in this act shall
be construed to prevent a licensed and qualified member of the health care
profession from performing any [of
the] duties that
require the skills of a [mobile
intensive care]
paramedic, EMT, or emergency medical responder if the
duties are consistent with the accepted standards of the member's profession.

(cf: P.L.1984, c.146, s.14)

19. Section 2 of P.L.1986,
c.106 (C.26:2K-36) is amended to read as follows:

2. a. There is established
the New Jersey Emergency Medical Service Helicopter Response Program in the [Division of Local and Community
Health Services]Office
of Emergency Medical Services of the Department of Health and Senior
Services. The commissioner shall have overall responsibility for
administration of the program and shall designate a mobile intensive care
hospital in this State and a [regional] trauma [or critical care] center which shall develop
and maintain a hospital-based emergency medical service helicopter responseunit. The commissioner shall
designate at least two units in the State, of which no less than one unit each
shall be designated for the northern and southern portions of the State,
respectively.

b. Each emergency medical
service helicopter responseunit
shall be staffed by at least two persons trained in advanced life support and
approved by the commissioner. The staff of the emergency medical service
helicopter response unit shall render life support services to an accident or
trauma victim, as necessary, in the course of providing emergency medical
transportation.

c. The commissioner
shall provide, by regulation, for the licensure of privately operated emergency
medical service helicopter response units, in addition to the units designated
pursuant to subsection a. of this section.

(cf: P.L.1986, c.106, s.2)

20. Section 3 of P.L.1986,
c.106 (C.26:2K-37) is amended to read as follows:

3. The Division of State
Police of the Department of Law and Public Safety shall establish an emergency
medical transportation service to provide air medical transportation
service pursuant to [this
amendatory and supplementary act]section 2 of P.L.1986, c.106 (C.26:2K-36). The superintendent shall
operate and maintain at least one dedicated helicopter, and at least one
additional helicopter that provides backup air medical transportation
capability, for each emergency medical service helicopter response unit
designated by the commissioner pursuant to section 2 of [this amendatory and supplementary act]P.L.1986, c.106
(C.26:2K-36).

(cf: P.L.1986, c.106, s.3)

21. Section 3 of P.L.1992,
c.96 (C.26:2K-50) is amended to read as follows:

3. a. There is established
within the Office of Emergency Medical Services in the Department of Health 2[and Senior Services]2 , the
Emergency Medical Services for Children program.

b. The commissioner shall
hire a full-time coordinator for the EMSC program in consultation with, and by
the recommendation of the advisory council.

c. The coordinator shall
implement the EMSC program following consultation with, and at the
recommendation of, the advisory council. The coordinator shall serve as a liaison
to the advisory council.

d. The coordinator may
employ professional, technical, research and clerical staff as necessary within
the limits of available appropriations. The provisions of Title 11A of the New
Jersey Statutes shall apply to all personnel so employed.

e. The coordinator may
solicit and accept grants of funds from the federal government and from other
public and private sources.

(cf: P.L.1992, c.96, s.3)

22. Section 5 of P.L.1992,
c.96 (C.26:2K-52) is amended to read as follows:

5. a. There is created an
Emergency Medical Services for Children Advisory Council to advise the Office
of Emergency Medical Services and the coordinator of the EMSC program on all
matters concerning emergency medical services for children. The advisory
council shall assist in the formulation of policy and regulations to effectuate
the purposes of this act.

b. The advisory council
shall consist of a minimum of [14]24 public members to
be appointed by the [Governor,
with the advice and consent of the Senate]commissioner, in consultation with EMCAB, for a term of three years.
Membership of the advisory council shall include: one [practicing]general practice pediatrician, one pediatric critical care physician,
one [board certified] pediatric emergency physician
and one pediatric physiatrist, to be appointed upon the recommendation of the
New Jersey chapter of the American Academy of Pediatrics; one pediatric surgeon
and one trauma surgeon, to be appointed upon the recommendation of the
New Jersey chapter of the American College of Surgeons; one general
emergency physician, to be appointed upon the recommendation of the New Jersey
chapter of the American College of Emergency Physicians; one injury
prevention specialist, to be appointed upon the recommendation of the New
Jersey State Safe Kids Coalition;[one
emergency medical technician, to be appointed upon the recommendation of the
New Jersey State First Aid Council;]
one paramedic, to be appointed upon the recommendation of the [State mobile intensive care
advisory council]subcommittee
on advanced life support services of the standing committee on Pre-hospital
Care Systems Operations of EMCAB; one family practice physician, to be
appointed upon the recommendation of the New Jersey chapter of the American
Academy of Family [Practice]Physicians; two
registered emergency nurses, one to be appointed upon the recommendation of the
New Jersey State Nurses Association and one to be appointed upon the
recommendation of the New Jersey Chapter of the Emergency Nurses Association; one
school nurse, to be appointed upon the recommendation of the New Jersey State
School Nurses Association; one person to be appointed upon the recommendation
of the Medical Transportation Association of New Jersey; and three members,
each with a non-medical background, two of whom are parents with children under
the age of 18[, to be
appointed upon the joint recommendation of the Association for Children of New
Jersey and the Junior Leagues of New Jersey].

The advisory council shall
also include the following members who shall serve ex officio: the President
of the New Jersey Hospital Association or his designee; the EMSC coordinator;
the Director of the Office of Emergency Medical Services in the department; a
representative from the Division of Family Health Services in the department
who manages the federal Maternal and Child Health Services Title V Block Grant
for children with special health care needs; the Director of the Division of
Highway Traffic Safety in the Department of Law and Public Safety or his
designee; the Commissioner of Children and Families or his designee; and the
Commissioner of Education or his designee.

c. Vacancies on the
advisory council shall be filled for the unexpired term by appointment of the [Governor]commissioner, in
consultation with EMCAB, in the same manner as originally filled. The
members of the advisory council shall serve without compensation. The advisory
council shall elect a chairperson, who may select from among the members a
vice-chairperson and other officers or subcommittees which are deemed necessary
or appropriate. The council may further organize itself in any manner it deems
appropriate and enact bylaws as deemed necessary to carry out the
responsibilities of the council.

d. The council shall
meet at least quarterly.

(cf: P.L.1992, c.96, s.5)

23. Section 1 of P.L.1993,
c.58 (C.26:2K-60) is amended to read as follows:

1. In the event of an
emergency, the chief executive officer of any [volunteer]basic life support
service first aid, ambulance or rescue squad or the mayor or chief
executive officer of any municipality may request assistance from the chief
executive officer of any [volunteer]basic life support
service first aid, ambulance or rescue squad located in and serving another
municipality for the protection and preservation of life within the territorial
jurisdiction served by the squad requesting the assistance.

The chief executive officer of
the [volunteer]basic life support
service first aid, ambulance or rescue squad located in and normally
serving a contiguous municipality to whom such a request for assistance is made
shall, except as hereinafter otherwise set forth, provide such personnel and
equipment as requested to the extent possible without endangering any person or
property within the municipality in which the assisting squad is located and
which it normally serves.

The members of any squad
providing assistance shall have, while so acting, the same rights and
immunities as they otherwise enjoy in the performance of their normal duties in
the municipality, or other territorial jurisdiction, in which the squad is
located and which it normally serves.

If any member of the assisting
basic life support service first aid, ambulance or rescue squad shall,
in rendering such assistance, suffer any injury or death, the member or his
designee or legal representative shall be entitled to all salary, pension
rights, workers compensation and other benefits to which the member would be
entitled if the casualty or death had occurred in the performance of the
member's duties in the municipality, or other territorial jurisdiction, in
which the squad is located and which it normally serves.

(cf: P.L.1993, c.58, s.1)

24. Section 2 of P.L.1993,
c.58 (C.26:2K-61) is amended to read as follows:

2. The governing bodies of
two or more municipalities may, by enacting reciprocal ordinances, enter into
agreements with each other for mutual basic life support service first
aid, ambulance or rescue squad assistance in case of emergency, subject to the
written approval of the [volunteer]basic life support
service first aid, ambulance or rescue squad or squads involved. The
agreements may provide for:

a. Terms and conditions
for payment by the municipality receiving assistance to the municipality
rendering assistance for each member and each equipped basic life support
service first aid, ambulance or rescue squad apparatus for each hour
supplied;

b. The reimbursement of the
municipality or municipalities rendering assistance for any damage to basic
life support service first aid, ambulance or rescue squad equipment or
other property and for payment to any member of a basic life support service
first aid, ambulance or rescue squad for injuries sustained while serving
pursuant to such agreements, or to a surviving spouse or other dependent if
death results; and

c. A joint meeting of the
municipalities entering into such agreements regarding other matters as are
mutually deemed necessary.

b. The purpose of the task
force shall be to support and enhance the provision of specialized response
services, utilizing personnel and equipment to respond as requested, for both
pre-planned and emergency events, including natural disasters and mass casualty
incidents, including chemical, biological, radiological, nuclear, and explosive
events, in order to reduce morbidity and mortality through appropriate triage,
incident management, and coordinated pre-hospital care and transportation.

c. The membership of the
task force shall represent all regions of the State and shall include emergency
medical responders, EMTs, paramedics, registered nurses, physicians,
communications specialists, hospitals, agencies providing emergency medical
responder and other emergency medical services, and communication centers
utilized for the purpose of providing emergency medical services.

1[26. N.J.S.22A:3-4 is
amended to read as follows:

22A:3-4. Fees for criminal
proceedings.

The fees provided in the
following schedule, and no other charges whatsoever, shall be allowed for court
costs in any proceedings of a criminal nature in the municipal courts but no
charge shall be made for the services of any salaried police officer of the
State, county or municipal police.

For violations of Title 39 of
the Revised Statutes, or of traffic ordinances, at the discretion of the court,
up to but not exceeding $33.

For all other cases, at the
discretion of the court, up to but not exceeding $33.

In municipal court
proceedings, the court shall impose court costs within the maximum limits
authorized by this section, as follows:

a. For every violation of
any statute or ordinance the sum of $2.00. The court shall not suspend the
collection of this $2.00 court cost assessment. These court cost assessments
shall be collected by the municipal court administrator for deposit into the
Automated Traffic System Fund, created pursuant to N.J.S.2B:12-30.

b. For each fine, penalty
and forfeiture imposed and collected under authority of law for any violation
of the provisions of Title 39 of the Revised Statutes or any other motor
vehicle or traffic violation in this State the sum of [$.50]$5. The court shall not suspend the collection of this [$.50]$5 court cost assessment. These court
cost assessments shall be collected by the municipal court administrator for
deposit into the "Emergency Medical [Technician]Services Training
Fund" established pursuant to P.L.1992, c.143 (C.26:2K-54 et al.).

c. For every violation of
any statute or ordinance the sum of $3 to fund the Statewide modernization of
the Automated Traffic System. The court shall not suspend the collection of this
$3 court cost assessment. These court cost assessments shall be collected by
the municipal court administrator for deposit into the Automated Traffic System
Statewide Modernization Fund, established pursuant to section 1 of P.L.2004,
c.62 (C.2B:12-30.1).

The provisions of this act
shall not prohibit the taxing of additional costs when authorized by
R.S.39:5-39.

For certificate of
judgment......... $4.00

For certified copy of paper
filed with the court as a public record:

First page......... $4.00

Each additional page or part
thereof......... $1.00

For copy of paper filed with
the court as a public record:

First page......... $2.00

Each additional page or part
thereof......... $1.00

In addition to any fine
imposed, when a supplemental notice is sent for failure to appear on a return
date the cost shall be $10.00 per notice, unless satisfactory evidence is
presented to the court that the notice was not received.

CONSTABLES OR OTHER
OFFICERS

From the fees allowed for
court costs in the foregoing schedule, the clerk of the court shall pay the
following fees to constables or other officers:

Serving warrant or summons,
$1.50.

Serving every subpoena, $0.70.

Serving every execution,
$1.50.

Advertising property under
execution, $0.70.

Sale of property under
execution, $1.00.

Serving every commitment,
$1.50.

Transport of defendant, actual
cost.

Mileage, for every mile of
travel in serving any warrant, summons, commitment, subpoena or other process,
computed by counting the number of miles in and out, by the most direct route
from the place where such process is returnable, exclusive of the first mile,
$0.20.

If defendant is found guilty
of the charge laid against him, he shall pay the costs herein provided, but if,
on appeal, the judgment is reversed, the costs shall be repaid to defendant. If
defendant is found not guilty of the charge laid against him, the costs shall
be paid by the prosecutor, except when the Chief Administrator of the New
Jersey Motor Vehicle Commission, a peace officer, or a police officer shall
have been prosecutor.

(cf: P.L.2004, c.62, s.2)]1

1[27.]26.1 Section 4 of
P.L.1987, c.284 (C.27:5F-21) is amended to read as follows:

4. a. The Governor shall
coordinate the highway traffic safety activities of State and local agencies,
other public and private agencies, nonprofit organizations, and interested
organizations and individuals and shall be the official of this State having
the ultimate responsibility of dealing with the federal government with respect
to the State highway traffic safety program. In order to effectuate the
purposes of this act [he], the Governor shall:

(1) Prepare for this State,
the New Jersey Highway Traffic Safety Program which shall consist of a
comprehensive plan in conformity with the laws of this State to reduce traffic
accidents and deaths, injuries, and property damage resulting therefrom[.];

(2) Promulgate rules and
regulations establishing standards and procedures relating to the content,
coordination, submission, and approval of local highway traffic safety programs[.];

(3) Contract and do all
things necessary or convenient on behalf of the State in order to insure that
all departments of State government, local political subdivisions and nonprofit
organizations, to the extent that nonprofit organizations qualify for highway
traffic safety grants pursuant to the provisions of section 12 of P.L.1987,
c.284 (C.27:5F-29) as amended by section 6 of P.L.2007, c.84, secure the full
benefits available under the "U.S. Highway Safety Act of 1966,"
Pub.L.89-564 (23 U.S.C. ss. 401-404), and any acts amendatory or supplementary
thereto[.]; and

(4) Adopt, through the
Commissioner of Health2[and Senior Services]2,
training programs, guidelines, and standards for members of [nonvolunteer]basic life support
service first aid, rescue, and ambulance squads and agencies
providing emergency medical service programs or pre-hospital or
inter-facility care as defined in section 1 of P.L.1984, c.146 (C.26:2K-7).

b. The New Jersey Highway
Traffic Safety Program, and rules and regulations, training programs,
guidelines, and standards shall comply with uniform standards promulgated by
the United States Secretary of Transportation in accordance with the "U.S.
Highway Safety Act of 1966," Pub.L.89-564 (23 U.S.C. ss. 401-404), and any
acts amendatory or supplementary thereto.

(cf: P.L.2007, c.84, s.2)

1[28.]27.1 Section 5 of
P.L.1987, c.284 (C.27:5F-22) is amended to read as follows:

5. The New Jersey Highway
Traffic Safety Program shall, in addition to other provisions, include training
programs for groups such as, but not limited to, police,
teachers, students, and public employees, which programs shall comply
with the uniform standards promulgated by the United States Secretary of
Transportation in accordance with the "U.S. Highway Safety Act of
1966," Pub.L.89-564 (23 U.S.C. s.s. 401-404), and any acts amendatory or
supplementary thereto.

In addition, the New Jersey
Highway Traffic Safety Program shall include the training program for [members of volunteer first
aid, rescue and ambulance squads, adopted by the New Jersey State First Aid
Council]paramedics,
emergency medical technicians, and emergency medical responders licensed by the
Commissioner of Health2[and Senior Services]2 , which
shall comply with the uniform standards promulgated by the United States
Secretary of Transportation in accordance with the "U.S. Highway Safety
Act of 1966," Pub.L.89-564 (23 U.S.C. s.s. 401-404) and any amendments or
supplements to it.

(cf: P.L.1987, c.284, s.5)

1[29.]28.1Section 10 of
P.L.1987, c.284 (C.27:5F-27) is amended to read as follows:

10. [The officers of each volunteer and nonvolunteer]Each basic life support
service first aid, rescue, and ambulance squad [providing emergency medical
service programs shall be responsible for the training of its members and shall
notify the governing body of the political subdivision in which the squad is
located, or the person designated for this purpose by the governing body, that
particular applicants for membership (qualified under sections 5 and 4 of this
act respectively), ambulances, and ambulance equipment meet the standards
required by this act. Upon receipt of such notification the governing body or
person designated shall certify the applicant, ambulances, and ambulance
equipment as being qualified for emergency medical service programs, and shall
issue a certificate to that effect at no charge. Each member and piece of
equipment of a volunteer and nonvolunteer first aid, rescue and ambulance squad
shall comply with the requirements for certification annually. Any person who
is a member of a volunteer and nonvolunteer first aid, rescue and ambulance
squad providing emergency medical service programs on the effective date of
this act shall, if application is made to the appropriate municipality within
90 days of the effective date, be certified by the governing body or designated
person as being qualified for emergency medical service programs for a period
of two years. At the end of that period, the person] shall comply with the requirements for [certification annually]licensure of personnel,
ambulances, and ambulance equipment established by the Commissioner of Health2[and Senior Services]2and shall
staff each ambulance1,
when it is transporting a patient,1with at least one emergency medical technician1[while it is in service] who shall attend to
the patient in the patient compartment1. No person or entity shall
respond to a 9-1-1 call as defined in section 1 of P.L.1984,
c.146 (C.26:2K-7) unless that person or entity is licensed to do so by the
Department of Health2[and Senior Services]2.

1[31.]30.1 This act shall
take effect on the 1[180th day after]first day of the
seventh month next following the date of1 enactment, but the Commissioner of
Health 2[and Senior Services]2 may take
such anticipatory administrative action in advance thereof as shall be
necessary for the implementation of the act.